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County Intermediate Punishment Sentencing

October 22, 2013 PCCD CJAB Conference Days Inn, State College. County Intermediate Punishment Sentencing. Helene Placey PA Commission on Sentencing http://pasentencing.us. Sentencing Alternatives. Alternatives found at 42 Pa.C.S. § 9721 Guilt without further penalty Fine Restitution

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County Intermediate Punishment Sentencing

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  1. October 22, 2013 PCCD CJAB Conference Days Inn, State College County Intermediate Punishment Sentencing Helene Placey PA Commission on Sentencing http://pasentencing.us

  2. Sentencing Alternatives Alternatives found at 42 Pa.C.S. §9721 • Guilt without further penalty • Fine • Restitution • Order of Probation • County Intermediate Punishment • Partial Confinement • Total Confinement • State Intermediate Punishment

  3. County IP Sentencing • County Intermediate Punishment • Definitions and eligibility: 42 Pa.C.S. §9802 • Conviction which would otherwise result in sentence to county correctional facility • Does not demonstrate present or past violent behavior (ineligible offenses) • Otherwise be sentenced to confinement • Maximum term (flat sentence) • Combination of RIP & RS components

  4. County IP Sentencing • Restrictive IPPrograms (RIP) • House offender full or part time • Significantly restrict movement & monitor compliance • Comply with PCCD’s minimum standards • Restorative Sanctions Programs (RS) • No confinement or housing • Least restrictive in terms of constraint of liberties • Focuses on restoring victim to pre-offense status

  5. County IP Sentencing • County IP eligible for Certain Offenses w/ mandatory requirement • DUI • First, Second or Third offense • Qualified RIP’s • Driving Under Suspension (DUI related) • Operating Watercraft Under the Influence • Illegally Operating Motor Veh. Not Equipped w/ Ignition Interlock – BAC .025 or greater

  6. Sentencing Guidelines • Sentence Recommendation • Sentencing guidelines provide minimum sentence recommendations (range of months) • Intended to apply to typical case • Based on combination of: • Offense Gravity Score (OGS) • Prior Record Score (PRS) • PCS targets levels 3 & 4 for CIP sentences

  7. Sentencing Levels • Level 5 • State Sentence/State Facility • (SIP) • Level 4 • State Sentence/County Facility • (CIP/SIP) • Level 3County Sentence/County Facility (CIP) • Level 2 • County Sentence/County Facility or Non-confinement • Level 1 • Non-confinement

  8. County IP Sentencing • County IP at Level 3 or Level 4 • Drug & Alcohol Assessment/Evaluation required at Level 3 or 4 (prior to sentence) • If assessed dependent, judge should impose sentence based on prescribed: • Level of care • Length of stay • If not dependent, court may still impose County IP (1 day incarceration = 1 day RIP)

  9. Questions • Helene Placey • Sentencing Policy Specialist • Eastern PA • HJP3@psu.edu • (717) 772-4122 • Carrie Peters • Sentencing Policy Specialist • Western PA • CarrieP@psu.edu • (814) 863-5204

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